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Date: 06-10-2015

Case Style: Erinn Foster, Matt Steward and Leah Foster v. Terry Butts

Case Number: CJ-2014-69

Judge: Thad Balkman

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Jack Tracy

Defendant's Attorney: Sharon Pouzar, Lacy Boyles and Lacy Vassar

Description: Norman, OK - Erinn Foster, Matt Steward and Leah Foster sued Terry Butts on personal tort theories claiming:

1. The acts complained of herein occurred on and after December 3, 2013, at 4733 and 4737 Forest Hills Dr., within the City of Noble, County of Cleveland, State of Oklahoma.
2. The defendant is the owner of a vicious pit bull terrier which he harbors and owns at 4733 Forest Hills Dr.
3. On December 3, 2013, the pit bull terrier dog escaped through a hole in the fence onto property of the plaintiffs. The dog is of a vicious breed known for its extreme ability to bite with force greater than three times that of other dogs.
4. Pit bull dogs are of a breed that are known for their vicious propensities, their unpredictable tendencies to attack people, especially children, use of the dog as a weapon, and are currently responsible for approximately 93% of the deaths of human beings from dog bites in 2013. The pit bull is responsible for more than 60% of fatalities from dog bites since 2005.
5. A pit bull is a dangerous animal with vicious propensities for attacking human beings, especially children.
6. On or December 3, 2013, the pit bull dog owned by the defendant escaped onto plaintiff’s property and attacked their little kitten. The scared kitten ran into plaintiff’s home for protection.
7. Plaintiffs minor daughter, Leah Foster, age 9, thought she heard someone knocking at the door.
8. When the child opened the door, the vicious pit bull suddenly and without warning was dashing into plaintiff’s home in a vicious rage. He was chasing the scared little kitten into plaintiff’s bedroom and latching its jaws of death onto the little kitten mauling it and inflicting injuries into the little kitten.
9. The minor child, Leah Foster, was attempting to pull the little kitten from the jaws of death as the pit bull was shaking the kitten violently.
10. The pit bull released the kitten and latched his powerful jaws onto the hand of Leah Foster, sank its teeth into her hand, shaking her and inflicting serious injuries upon the child by fracturing a metacarpal and/or finger of the child with its fangs, rupturing a tendon in her hand, and pulling bone out of its intended place in the hand.
11. The vicious attack upon the child required medical treatment at Norman Regional Hospital Emergency Room and Children’s Hospital in Oklahoma City. The attack required the child’s hand to be splinted. Further, physicians have referred her for hand surgery to other orthopedic specialists.
12. As a result of the vicious attack by the pit bull the parents have incurred medical expenses in excess of $10,000 for which they should be compensated.
13. Leah Foster should be compensated for pain-and-suffering, past and future, scarring, disfigurement of her hand, disability, past and future, emotional distress, past and future, in an amount in excess of $10,000 each.
14. Thereafter, the pit bull terrier was released back to defendant where on December 8, 2013, and January 2, 2014 the pit bull escaped from 4733 Forest Hills Drive, Noble, Oklahoma and attacked Plaintiffs’ dog.
15. The pit bull constitutes a nuisance and prevents plaintiffs from enjoyment of the property and home. The dog is a menace and is a danger to plaintiffs and other citizens of the City of Noble.
16. Strict liability should be imposed upon Defendant pursuant to Oklahoma statutes title 4, sections 41, 42.1, 42.4, 45, and 47. The dog should also be ordered destroyed.
17. The actions of the defendant in the harboring of a deadly and vicious pit bull dog even after the dog has attacked and mauled a cat, dog, and a minor child are extreme and outrageous and should not be tolerated in any civilized society. The defendant should be punished for his actions to make an example of him and to deter similar conduct of other persons similarly situated in an amount over $10,000.

Key Words: Dog Bite

Outcome: ORDER APPROVING SETTLEMENT
1. The Court having reviewed the file and having heard testimony of witnesses sworn and having been fully apprised of the facts, finds that the settlement amount of Forty-Five Thousand Dollars and NO/Cents ($45,000.00), of which $23,536.36 is to be paid into a structured settlement with and eventual payout as listed on the attached Addendum A; and $21,463.64 will be paid as set out in the attached Order for Distribution/Deposit, to be paid on behalf of the minor child, Leah Foster, is fair and reasonable and in the best interest of the minor child, and that Terry Butts, Ten Butts should be released from further liability arising out of the events alleged in the above styled matter.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the settlement amount of Forty-Five Thousand Dollars and NO/Cents ($45,000.00) on behalf of the minor child, ORDER FOR DEPOSIT OF SETTLEMENT PROCEEDS
Pursuant to 12 0.5. §83, the Court orders:
2. Immediate distribution is hereby authorized in the amount of $963.64, payable to OHCA and Erinn Foster and Maft Stewart and attorney Jack Tracy, for payment of medical expenses incurred on behalf of the minor, Leah Foster.
3. Immediate distribution is hereby authorized in the amount of $2,500.00 , payable to Erinn Foster and Matt Stewart and attorney Jack Tracy, for reimbursement of medical/miscellaneous expenses incurred on behalf of the minor, Leah Foster.
4. Immediate distribution is hereby authorized in the amount of $18,000.00, payable to, Erinn Foster and Matt Stewart and Jack Tracy. attorney for Plaintiffs, as and for payment of attorney’s fees and expenses incurred on behalf of the minor, Leah Foster.
5. It is directed that Plaintiffs, Erinn Foster and Man Stewart, shall have the responsibility of delivering a copy of this Order to the above-designated depository at the time the deposit is made.
6. This case is hereby transferred to the Probate Division of the District Court of Cleveland County for supervision purposes.

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